Court orders made

Without conviction, ordered pursuant to s.67AC of the Act as follows.

1) Pursuant to s.67AC(2)(c) of the Environment Protection Act 1970 (“the Act”), Whelan The Wrecker Pty Ltd (“the Defendant”) is ordered to carry out specified projects as detailed below for the public benefit by paying $40,000 to the West Gippsland Catchment Management Authority by 30 September 2008.

2) The payment must be used solely for the purpose of carrying out the following projects.
2.1 “JARR” project – $30,500
The “JARR” project aims to improve water quality and bio-diversity by removing willows and stabilising eroding banks along the Jack and Albert Rivers.  Willows having been removed, this project involves fencing off the cleared area ($25,600) and planting it out with indigenous trees ($4,900).  Members of the Yarram Yarram Landcare Network will be involved in this project.
2.2 “Morwell River NEIP” project – $9,500
This project, to be carried out in the Upper Morwell River Falls area, entails signage ($2,000), interpretive displays ($5,000) and upgrading the access road ($2,500).  This project is part of the Morwell River Neighbourhood Improvement Plan (NEIP) and will involve the Boolarra South Landcare Group and Friends of the Upper Morwell River Falls.

4) Within 14 days of making the payment, the Defendant must provide the Informant with proof thereof.

5) The Defendant is prohibited from referring to the payment or the projects without referring to these proceedings.

6) Pursuant to section 67AC(2)(a) of the Act, the Defendant is ordered to publicise the offence, its consequences and the penalty and orders imposed by this Court by publishing a notice about these proceedings.

7) The notice referred to in paragraph 6 must:
(a) be in the wording specified in paragraph 9 below and must
not be supplemented by additional text;
(b) be published within 30 days of the date of this Court Order;
(c) be published in the Editorial section or the front part of the Early General News section of the following newspapers:
(i)  The Financial Review,
(ii)  The Age,
(iii) The Herald Sun,
(iii) The Weekly Times
(iv) The Latrobe Valley Express; and
(v) The Yarram Standard;
(d) be of a minimum size of 12 cm by 3 columns;
(e) have a continuous black border surrounding the text;
(f) contain the Defendant’s corporate logo.

8) The Defendant must provide the Informant with a copy of each publicised notice within 14 days of the date of the notice appearing.

9) [The wording of the notice was specified].

10) Within 7 days of the making of this Court Order, the above notice must be displayed by the Defendant on the “News” section of its website, and maintained there for 30 continuous days.

Costs: $5000